Can I Collect Workers’ Comp for a Job Accident Outside My Normal Job Description?

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cut some wood for a customer, even though his English was limited (he had just arrived from Russia) and he had never before used an industrial saw.   The Abrams Landau team was able to secure benefits under a Workers’ Compensation (WC) claim.

In Virginia, a WC claim can be pursued if an injury “arose in the course and scope” of your employment.  In the forklift operator example, even though using a saw was not in the man’s job description, Landau was able to argue that it was within the course and scope of his employment.  Generally, WC benefits include:

  • medical bills
  • time lost from work (with a doctor’s note)
  • medications
  • medical equipment that is reasonable, authorized, causally related, and by written referral

However, the Virginia Workers’ Compensation Act does not include benefits for:

  • physical pain
  • discomfort
  • inconvenience
  • mental distress
  • loss of future raises or bonuses

Only an experienced Workers’ Compensation lawyer can help determine what benefits can be realistically expected, the time it will take, and the difficulty of the claim.

If you or someone you know was injured in a workplace accident and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

 

 

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